EASTERN COALFIELDS LIMITED Vs. RREPL-KIPL (JV)

JUDGEMENT

(1.) The applicant has applied for review of the judgement and order dated April 9, 2021 passed in AP No. 371 of 2020. The applicant has also applied for stay of the operation of such order by way of an interim application filed in the review petition. Both the applications for stay as well as the review petition have been heard analogously.

(2.) The respondent herein had applied under Sec. 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in respect of disputes arising out of a contract entered into between the respondent and the applicant which the respondent claimed to contain an arbitration agreement. Such application under Sec. 11 of the Arbitration and Conciliation Act, 1996 had been disposed of by an order dated April 9, 2021 review of which has been sought in the present review petition.

(3.) Learned advocate appearing for the applicant has submitted that, the applicant had preferred a special leave petition before the Hon'ble Supreme Court against the order dated April 9, 2021 passed in AP No. 371 of 2020. The special leave petition had been disposed of by the order dated November 26, 2021. By the order dated November 26, 2021, the Hon'ble Supreme Court had permitted the applicant to file a review application before the High Court. Pursuant to such liberty being granted, the applicant had filed a review petition which was dismissed as withdrawn with liberty to file a fresh on February 10, 2022. Subsequent thereto, the applicant had filed the present review application.